• Schizophrenia and retention of job

My colleague working with me in psu bank has recently developed Schizophrenia. He is presently feeling well after treatment. Can he be treated as a person with disabilities (PWD)due to his problem? Can the bank fire him if they come to know of his mental disease or is he entitled to some relaxation under the new laws?
Asked 4 years ago in Labour

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13 Answers

Under Mental Healthcare Act, 2017 “mental illness” means a substantial disorder of thinking, mood, perception, orientation or memory that grossly impairs judgment, behaviour, capacity to recognise reality or ability to meet the ordinary demands of life, mental conditions associated with the abuse of alcohol and drugs. As he is feeling better now, he cannot avail benefits under the Act. As long as he is capable in discharging his duties, he cannot be removed. The Act does not guarantee employment of mentally ill person.  

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

Dear Client,

The expression “mental disorder” means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia. Recent laws, like the Rights of Persons with Disabilities Act (2016), provide a legal mandate for employers to ensure “reasonable accommodations” for conditions that are legally considered disabilities — mental health included. 

Thank You.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

If your friend has recovered well, let him obtain a medical certificate for his mental health. His medical history need not be disclosed voluntarily now. The bank will not dismiss him straightaway if he is otherwise able to discharge his duties satisfactorily.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

- Mental illness means a substantial disorder of thinking, mood, perception, orientation or memory that grossly impairs judgment, behavior, capacity to recognize reality or ability to meet the ordinary demands of life, but does not include retardation which is a condition of arrested or incomplete development of mind of a person, specially characterized by subnormality of intelligence.

-  As per law, all employers need to ensure that they have a policy in place that gives equal opportunity to someone with any disability, be it physical or mental. 

- Since , now your friend is well and having control over the assign work , then the bank cannot fire him legally. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Bank would not fire him as schizophrenia can be controlled with medication 

 

he can be treated as person with disability 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

 

 

In India, people with more than 40% disability are entitled to avail welfare assistance from the government. Schizophrenia is a chronic illness affecting various spheres of life. It generally results in social isolation and poor occupational functioning. Therefore, it is one of the significant causes of disability.

New research shows that people who have schizophrenia can still live independently, pursue higher education or hold down a demanding job. In fact, many do manage their illness and live full and highly productive lives.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Since he is already employed and is able to manage his work despite his problems, it my not be necessary until and unless he looks for some privileges in this regard. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear Client,

Yes, he should inform the Bank about his PwD status i.e. Schizophrenia disease as every government institution has to make 4% compulsory reservation for PwD people. As per his condition, the bank will provide him requisite remedy. If he want he can change his work post without any change in salary. 

Thank You.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Not at present . Continue with the medication 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

No need for it straightaway, if he is back to normal. If the problem recurs, let him seek medical advice and then inform the bank with appropriate medical certificate.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

Only detection can't bring him into any disability till his performance is affected by the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

- Yes, he can file for getting PWD status after submitting the proof . 

- However, he cannot declare himself disable on the ground of a disease , and a medical certificate is required for getting the PWD status in the bank. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear Sir,

No, he cannot be fired on such medical ground. Better he may approach the High Court or Service Tribunal and get a stay order on such proposal.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

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